Start with the records. Repair orders, warranty documents, mileage, and days out of service are more useful than general assumptions about whether a vehicle qualifies.
Automatic Emergency Braking (AEB) is designed to prevent crashes, not cause them. But when these systems misread the road, fail to engage, or slam on the brakes for no reason, drivers face real safety risks and real frustration. If you’re in California and dealing with an ongoing emergency braking malfunction, this overview explains how the state’s lemon law may apply and what steps you can take to protect your rights before you speak with a professional.
Emergency Braking Malfunctions and CA Lemon Law
Today’s AEB systems use radar, cameras, and software to detect obstacles and help apply the brakes if a collision seems likely. When they misfire, you might experience “phantom braking” on the freeway, delayed or no braking when approaching stopped traffic, flashing collision warnings, or dashboard fault messages related to forward collision warning, adaptive cruise control, or brake assist. These issues can be intermittent, making them hard to reproduce, but they are still safety-related defects that many California consumers report.
California’s lemon law (the Song-Beverly Consumer Warranty Act) generally requires the vehicle manufacturer to repair defects covered by the warranty within a reasonable number of attempts. A problem qualifies when it substantially impairs the vehicle’s use, value, or safety, and emergency braking failures often fit squarely in the “safety” category. California also has a “lemon law presumption” for certain problems that occur within the first 18 months or 18,000 miles—such as multiple repair attempts for the same defect or 30+ cumulative days out of service—but whether this presumption applies depends on your specific facts and timing.
Even if the issue involves software, intermittent sensor faults, or a technical service bulletin (TSB), it can still be a warrantable defect. A recall repair may help, but it does not erase your rights if the problem keeps returning. If repeated repair attempts don’t fix the emergency braking malfunction, California law may provide remedies such as repurchase or replacement—however, outcomes vary, and you should consult a professional to understand your options.
What to Document and When to Contact ZapLemon
Start a simple paper or digital file and log every incident. Note the date, mileage, speed, road and weather conditions, dashboard messages, and what the vehicle did (for example, sudden hard braking with no obstacle, or failure to brake when a collision warning appeared). Keep copies of all repair orders and invoices, including the “customer states” description, technician notes, parts replaced, software calibration levels, and the number of days the car stayed at the dealership.
At each service visit, ask the advisor to accurately capture your safety concern in writing and request a test drive with a technician if possible. If the dealer says “no trouble found,” send a short follow-up email summarizing the symptoms you experienced so there’s a time-stamped record. Respond promptly to recalls, ask for documentation of any software updates, request loaner or rental coverage when available, and track any out-of-pocket costs. Always review your warranty booklet to confirm coverage windows and any steps the manufacturer requires.
Consider contacting ZapLemon if you’ve had multiple visits for the same AEB issue, if the vehicle has been in the shop for 30 or more cumulative days, if a recall or software update didn’t resolve the problem, or if you’re being told the condition is “normal” despite ongoing safety concerns. An early consultation can help you understand whether your situation might meet California lemon law standards and what next steps make sense. Every case is different, so a conversation with a professional is the safest way to evaluate your rights.
Need a case-specific review?
Use the case-review form to share the warranty, repair orders, dates, mileage, and supporting facts an attorney would need to evaluate, or call (844) 927-5366.
Attorney advertising. General information is not legal advice and does not create an attorney-client relationship. No result is promised or guaranteed.